Legislator Case Law & Legislation
II UKN 320/98 AI generated

Spousal community of property alone is insufficient to prove marital community for family pension purposes.

Case Number II UKN 320/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the widow's appeal, quashing lower court rulings that granted her a family pension based solely on the existence of a marital community of property. The court found that while the deceased husband and wife maintained a formal community of property, there was no evidence of the necessary emotional or physical bonds required for a true marital community under the relevant pension law. Consequently, the pension was denied to the widow, and the case was remanded for a fresh examination of the specific nature of the bonds between the spouses.

Legislator headnote

AI generated

Art. 31 KRO; Art. 41 ust. 3 ustawy o zaopatrzeniu emerytalnym: The existence of a marital community of property alone does not establish a marital community for family pension purposes; proof of mutual emotional and physical bonds is required.

Keywords

AI generated
marital community of property family pension entitlement mutual emotional bonds spousal relationship evidence pension law interpretation

Cited Legislation

AI generated
art. 31 KRO
art. 41 ust. 3 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin
art. 233 § 1 KPC
art. 328 § 2 KPC
art. 393 § 13 KPC

Cited Case Law

AI generated

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